Search Legislation

London Local Authorities Act 2007

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As enacted)

Status:

This is the original version (as it was originally enacted). This item of legislation is currently only available in its original format.

Graffiti

18Defacement of buildings

(1)Section 12 (defacement of buildings) of the London Local Authorities Act 1995 (c. x) is amended as follows.

(2)In subsection (6) for “the council may themselves” there is substituted “the council, or a person authorised by the council may”.

(3)After subsection (6D), the following subsection is inserted—

(6E)In exercising the power under subsection (6) the council or any person authorised by the council may enter any land to the extent reasonably necessary for the purpose..

(4)In subsection (7), for “the council may do so” there is substituted “the council (or a person authorised by the council) may do so”.

(5)After section 12 (defacement of buildings), the following section is inserted—

12AIndemnity

(1)None of the persons mentioned in subsection (2) below is to have any liability to any person responsible for the relevant surface for damages or otherwise (whether at common law or otherwise) arising out of anything done or omitted to be done in the exercise or purported exercise of—

(a)the power under subsection (1)(b) of section 12 (defacement of buildings) of this Act; or

(b)the power under subsection (6) of that section (including as provided for in subsection (6A) of that section);

(c)the power under subsection (7) of that section.

(2)Those persons are—

(a)in the case of the power mentioned in the said subsection 1(b), the council and any employee of the council; and

(b)in the case of the power mentioned in the said subsections (6) and (7)—

(i)the council and any employee of the council;

(ii)any person authorised by the council under those said subsections and the employer or any employee of that person.

(3)Subsection (1) above does not apply—

(a)if the act or omission is shown to have been in bad faith;

(b)to liability arising out of a failure to exercise due care and attention;

(c)so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998 (c. 42).

(4)This section is without prejudice to any other exemption from liability (whether at common law or otherwise).

(5)For the purposes of subsection (1) above a person is responsible for a relevant surface if—

(a)where it is the surface of any premises (including a street), he owns, leases, occupies, controls, operates or maintains the land, and

(b)where it is the surface of apparatus or plant, he owns, leases, occupies, controls, operates or maintains the apparatus or plant..

(6)After subsection (5) of section 13 (protective provisions for certain statutory undertakers) of the said Act of 1995 the following subsections are inserted—

(5A)A counter-notice under subsection (4) above may, instead of specifying conditions as mentioned in that subsection, require the participating council to refrain from exercising the relevant power, if the protected party has reasonable grounds to believe, for reasons connected with the operation of its undertaking, that the relevant power cannot be exercised under the circumstances in question—

(a)without risk to the safety of any person; or

(b)without unreasonable risk to the efficient and economic operation of the protected party’s undertaking.

(5B)Where a counter notice served under subsection (4) above contains such a requirement as is mentioned in subsection (5A) above the relevant power may not be exercised..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources